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RUSI HOLDING CORP. v. INNER CITY ELEVATOR

Index No. 650493/19. Appeal No. 13267. Case No. 2020-00787.

192 A.D.3d 441 (2021)

139 N.Y.S.3d 795

2021 NY Slip Op 01344

Rusi Holding Corp., et al., Appellants, v. Inner City Elevator, Also Known as Inner City Elevator Corp., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 4, 2021.

Attorney(s) appearing for the Case

Zane and Rudofsky, Melville ( Edward S. Rudfosky of counsel), for appellants.

Sonageri & Fallon, L.L.C., Garden City ( James L. Sonageri of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

The parties agreed in a written stipulation that plaintiffs could discontinue their prior action without prejudice and commence a new action on the same claims, provided it was timely done within 30-days of the discontinuance (see A. Colish, Inc. v Abramson, 178 A.D.2d 252 [1st Dept 1991]). Plaintiffs satisfied the stipulation's conditions when commencing this new action, and a stipulation between parties to discontinue a prior action...

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